my question

[needhelpasap2]

What is the name of your state (only U.S. law)? Wisconsin

I'm going to file for divorce but i got some question..

I want to move away to another state before i file for the divorce, can i do that? and I don't trust my husband and im worried he will sell my stuff so can i take all my stuff with me?

 

[LdiJ]

What is the name of your state (only U.S. law)? Wisconsin

I'm going to file for divorce but i got some question..

I want to move away to another state before i file for the divorce, can i do that? and I don't trust my husband and im worried he will sell my stuff so can i take all my stuff with me?

You are free to move wherever you like and free to take all of your stuff with you. You likely will have to account for what you take in the divorce (other than personal possessions and premarital possessions) but you can certainly take your stuff.

However, if you have minor children with your husband, then it gets a bit more complicated.

 

[needhelpasap2]

We don't have any children, it's just myself and my soon to be ex husband.

 

[LdiJ]

We don't have any children, it's just myself and my soon to be ex husband.

Then pack up your stuff and move wherever you like. Just make sure that you take everything you want, with you.

 

[Ohiogal]

And how do you plan for the state to which you are moving to have personal jurisdiction over your husband? Has he lived in that state?

 

[nextwife]

WI is a marital property state. How are you determining what is "your stuff"?

Was any of it bought during the marriage?

 

[needhelpasap2]

And how do you plan for the state to which you are moving to have personal jurisdiction over your husband? Has he lived in that state?

no he hasn't lived in KS
but you'll be filing after the 30-day requirement of residency

WI is a marital property state. How are you determining what is "your stuff"?

Was any of it bought during the marriage?

yes a lot of it was bought during the marriage, we're splitting that in half, except for things like my clothes

 

[Ohiogal]

no he hasn't lived in KS
but you'll be filing after the 30-day requirement of residency




yes a lot of it was bought during the marriage, we're splitting that in half, except for things like my clothes

Just because you file after the residency requirement does NOT mean that KS will have personal jurisdiction over him, the marital property or income. Without personal jurisdiction, KS can NOT make decisions regarding property or anything but grant a divorce.

 

[mistoffolees]

no he hasn't lived in KS
but you'll be filing after the 30-day requirement of residency

It looks like it's 60 days in KS:
Kansas Divorce Source: State Divorce Laws: Kansas

Aside from residency issues, if you file in KS, you'll still have to deal with property issues. If the two of you simply agree to who is going to take what, that may not be a problem - you can stipulate it to the KS courts - and by doing so, stbx would be accepting KS jurisdiction. If he disputes it and refuses to sign a stipulation, then KS won't be able to deal with the property - so you'll have to have a separate property division hearing in WI.

You might be better off to simply file in WI - even if you're now living in KS. WI would still be able to decide everything because stbx still lives there.